High-Net-Worth Divorce in Florida: A Complete Guide

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 6, 2026

Divorce involving substantial assets is rarely just about money. It involves businesses, real estate, investment portfolios, equity compensation, retirement accounts, international holdings, and often, decades of intertwined financial decisions. Under Florida law, dividing those assets requires a careful, deliberate approach — one that balances legal precision with the practical realities of preserving wealth.

Florida has no separate high-net-worth divorce track. One statute governs every estate: Fla. Stat. § 61.075. What changes is which subsections do the work — § 61.075(6)(a)1.b. through 1.f., § 61.075(6)(b), and § 61.075(7). This guide walks them in the order a complex case raises them. Informational only; not case-specific legal advice.

What qualifies as a high-net-worth divorce in Florida?

Nothing in § 61.075 sets a dollar threshold. The label describes cases where classification and valuation, not the split itself, are the fight. Recurring markers:

• A closely held business or professional practice — § 61.075(6)(a)1.f.
• Nonmarital real property paid down with marital funds — § 61.075(6)(a)1.c.
• Vested and nonvested retirement and deferred comp — § 61.075(6)(a)1.e., § 61.076.
• Premarital assets that grew during the marriage — § 61.075(6)(a)1.b.
• A prenup or postnup carving assets out — § 61.075(6)(b)4., § 61.079.
• An income gap large enough that the § 61.08(8) durational cap binds.

How does § 61.075 divide a large marital estate?

Under § 61.075(1) the court sets apart each spouse’s nonmarital assets and then “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors,” which the statute enumerates at (a) through (j): contribution to the marriage including homemaker services (a); economic circumstances (b); duration of the marriage (c); interruption of careers or education (d); contribution to the other spouse’s career (e); the desirability of retaining an asset — “including an interest in a business, corporation, or professional practice” — intact and free from the other party’s claim (f); contribution to the acquisition, enhancement, and production of income (g); retention of the marital home for a dependent child (h); intentional dissipation, waste, depletion, or destruction of marital assets “after the filing of the petition or within 2 years prior to the filing” (i); and any other factor necessary to do equity (j).

Two procedural provisions matter disproportionately in large estates. § 61.075(3) requires that any contested distribution be supported by specific written findings identifying nonmarital assets, valuing significant marital assets individually, and allocating each liability. § 61.075(5) permits an interim partial distribution on a showing of “extraordinary circumstances,” including a need to access funds to pay a reasonable amount of attorney fees and suit money. § 61.075(11) abolished special equity; those claims are now pleaded either as unequal distribution under subsection (1) or as enhancement in value of nonmarital property.

What counts as marital versus nonmarital? (§ 61.075(6))

§ 61.075(6)(b) lists what is nonmarital: assets acquired before the marriage (1.), noninterspousal gifts, bequests, devises, and descent (2.), income derived from nonmarital assets “unless the income was treated, used, or relied upon by the parties as a marital asset” (3.), and assets excluded “by valid written agreement of the parties” (4.).

Three presumptions push the other way. Under § 61.075(8), everything acquired after the date of marriage and not specifically established as nonmarital is presumed marital. Under § 61.075(6)(a)2.–3., real and personal property held as tenants by the entireties is presumed marital “whether acquired before or during the marriage,” and the party claiming otherwise carries the burden. Under § 61.075(6)(a)4., the gift presumption is overcome only by clear and convincing evidence. And § 61.075(6)(a)1.b. makes marital “the enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds.”

How is a closely held business valued? (§ 61.075(6)(a)1.f.)

Since July 1, 2024 the standard of value is statutory: fair market value under § 61.075(6)(a)1.f.(I), with enterprise goodwill a marital asset the court must value under § 61.075(6)(a)1.f.(II) and a required non-compete not defeating it under § 61.075(6)(a)1.f.(III). The statutory text and its relationship to Thompson v. Thompson are set out in the 2024 amendment section below; the full treatment is on dividing a business in a Florida divorce.

What happens to real estate and the marital home?

Where marital funds paid down principal on a mortgage secured by nonmarital real property, § 61.075(6)(a)1.c. makes both the paydown and a coverture-fraction share of passive appreciation marital — the formula, and the Kaaa v. Kaaa holding it codified, are set out below. Retention of the marital home for a dependent child is a separate distribution factor under § 61.075(1)(h), and interspousal gifts of real property require a writing complying with § 689.01 under § 61.075(6)(a)1.d.

How are retirement and deferred compensation divided?

§ 61.075(6)(a)1.e. sweeps in “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs,” and § 61.076(1) repeats the rule in a section devoted to retirement plans. Nonvested does not mean untouchable. Employer plans generally require a qualified domestic relations order under ERISA § 206(d)(3), 29 U.S.C. § 1056(d)(3), and I.R.C. § 414(p); IRAs are divided by transfer incident to divorce under I.R.C. § 408(d)(6); uniformed services retired pay has its own requirements under § 61.076(2). Detail: dividing retirement accounts and pensions.

Are stock options, RSUs, and carried interest marital?

To the extent earned during the marriage, yes: § 61.075(6)(a)1.e. reaches nonvested as well as vested benefits, so a grant vesting after the filing date is not automatically the owner’s alone. Courts allocate the marital share with a coverture-style fraction keyed to the vesting period falling inside the marriage; for carried interest the question is whether it compensates past or future services. Because § 61.075(7) permits different assets to be valued as of different dates, the date chosen for an equity position moves the number materially.

Are trusts and inherited wealth protected?

Usually, with two caveats. § 61.075(6)(b)2. makes assets acquired “by noninterspousal gift, bequest, devise, or descent” nonmarital, including assets acquired in exchange for them. But § 61.075(6)(b)3. makes income from nonmarital assets marital where it “was treated, used, or relied upon by the parties as a marital asset” — the usual failure point for distributions run through a joint account — and § 61.075(6)(a)1.b. captures enhancement produced by the beneficiary spouse’s own labor.

How does Florida handle international assets?

Jurisdiction comes first: § 61.021 requires six months’ Florida residency before filing and § 61.052 supplies the no-fault ground. A Florida court can order a party subject to its jurisdiction to convey foreign property, and § 61.075(4) gives the judgment the effect of a recorded instrument of conveyance where the property lies in a recording county. Foreign accounts carry FBAR and FATCA exposure. See international and cross-border divorce in Florida.

Which date is the estate valued on? (§ 61.075(7))

§ 61.075(7) splits the two questions. The classification cut-off is fixed: the earliest of a valid separation agreement, a date that agreement sets, or the filing of the petition. The valuation date is “the date or dates as the judge determines is just and equitable,” and the statute expressly permits different assets to be valued as of different dates. In a case with an operating business, a concentrated stock position, and a house, that discretion is frequently the single largest variable in the outcome.

What if a spouse hides or dissipates assets?

Florida Family Law Rule of Procedure 12.285 requires mandatory disclosure — a financial affidavit, three years of returns, account statements, loan applications, and more — without a discovery request. Beyond that, forensic accounting of cash flow and lifestyle, third-party subpoenas, depositions, and review of general ledgers and intercompany transactions are the standard tools. The remedies are statutory: dissipation is an express unequal-distribution factor under § 61.075(1)(i) for waste “after the filing of the petition or within 2 years prior,” and § 61.16 allows a fee award based on the parties’ relative financial circumstances, including fees driven by one party’s litigation conduct.

Do taxes change what an equal split is worth?

Routinely. Transfers incident to divorce are generally non-recognition events under I.R.C. § 1041, but the recipient takes carryover basis, so equal market values can diverge sharply after tax. Alimony ordered after December 31, 2018 is neither deductible nor includible. QDRO transfers from qualified plans avoid the early-withdrawal penalty; IRA transfers are structured under I.R.C. § 408(d)(6). After-tax value is argued through § 61.075(1)(b) and the catch-all in § 61.075(1)(j). We are family lawyers, not tax advisors, and work with your CPA on these questions.

How is alimony decided in a high-income case? (§ 61.08)

§ 61.075(9) sets the sequence: the court may distribute the marital estate “without regard to alimony,” and only after the distribution is determined does it consider alimony. Under Fla. Stat. § 61.08, as rewritten in 2023, the court first finds actual need and ability to pay, then applies the factors in § 61.08(3), including the standard of living established during the marriage. Permanent alimony is gone; the remaining forms are bridge-the-gap (2-year maximum, § 61.08(6)), rehabilitative (5-year maximum with a specific plan, § 61.08(7)), and durational (§ 61.08(8)). The provision that binds most often in high-income cases is the § 61.08(8) cap: durational alimony may not exceed the lesser of the obligee’s reasonable need or 35 percent of the difference between the parties’ net incomes.

Will a prenup or postnup control the outcome?

Often it decides what is even in dispute, because § 61.075(6)(b)4. makes assets excluded “by valid written agreement of the parties” nonmarital. Florida’s Uniform Premarital Agreement Act, Fla. Stat. § 61.079, requires a writing signed by both parties and enforceable without consideration, and limits the grounds for setting one aside to involuntary execution or unconscionability coupled with a disclosure failure. Postnuptial agreements are not codified in § 61.079; they are tested under Casto v. Casto, 508 So. 2d 330 (Fla. 1987), which allows a spouse to set aside an agreement on fraud, duress, coercion, or overreaching, or by showing the agreement is unreasonable and was signed without adequate knowledge of the other spouse’s finances. For founders and equity holders, see Florida prenups for startup founders and equity owners.

Can a Florida divorce be kept private?

Only partly. Fla. Const. art. I, § 24 makes court records presumptively open and full sealing of a family file is uncommon. The negotiation, however, is protected: § 44.405 makes mediation communications confidential and privileged subject to statutory exceptions, § 44.102 governs court-ordered mediation, and § 61.183(3) exempts the mediator’s file from disclosure under § 119.07(1). Resolving the estate in mediation and filing a short settlement agreement leaves far less on the public docket than a valuation trial. Confidentiality clauses and narrowly drafted pleadings do the rest.

How does the court solve a liquidity or buyout problem?

When one spouse keeps an illiquid asset, § 61.075(10)(a) allows a monetary payment “in a lump sum or in installments paid over a fixed period of time,” and § 61.075(10)(b) permits security and a reasonable rate of interest. Under § 61.075(2) such an award vests at judgment and survives remarriage or death as a debt of the obligor’s estate. § 61.075(1)(f) supplies the rationale for leaving the business intact with the operating spouse.

What goes wrong most often in high-asset cases?

• Under-scoping disclosure. Rule 12.285 is the floor, not the ceiling; thin production invites a later challenge to the judgment.
• Treating equal as equitable. An equal split of pre-tax assets is an unequal split after tax — argued under § 61.075(1)(b) and (1)(j).
• Ignoring liquidity. Illiquid to one side and cash to the other, with no § 61.075(10) payment structure, strands both parties.
• Leaving the valuation date to chance. § 61.075(7) gives the judge wide discretion; fix it in the agreement.
• Skipping the written findings. A distribution without the § 61.075(3) findings is vulnerable on appeal.

What changed in 2024 for business valuation under § 61.075?

Effective July 1, 2024, chapter 2024-237, Laws of Florida, added Fla. Stat. § 61.075(6)(a)1.f., which lists “the marital interests in a closely held business” as a marital asset and tells the court how to value it. This is the most significant change to Florida equitable distribution law affecting high-asset cases in years:

• Fair market value is the standard of value — defined in the statute as “the price at which property would change hands between a willing and able buyer and a willing and able seller, with neither party under compulsion to buy or sell, and when both parties have reasonable knowledge of the relevant facts.”
• Enterprise goodwill is a marital asset the court must value. Under sub-sub-subparagraph (II), if goodwill is “separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill.” This codifies the distinction the Florida Supreme Court drew in Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991), which held that goodwill must exist separate and apart from the reputation or continued presence of the owner spouse to be marital, and framed valuation as a two-step process: prove goodwill exists separate from reputation, then prove its value.
• A non-compete no longer defeats goodwill by itself. Under (III), the court must consider evidence that a sale might require a covenant not to compete, “but such evidence alone does not preclude the court from finding enterprise goodwill.”

A related codification matters just as much for separate property. § 61.075(6)(a)1.c. provides that where marital funds paid down principal on a mortgage secured by nonmarital real property, both the principal paydown and a share of the passive appreciation become marital, calculated with a coverture fraction the statute spells out step by step. That provision codified Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), in which the Florida Supreme Court held that passive appreciation of a nonmarital marital home can be subject to equitable distribution where marital funds paid the mortgage and the non-owner spouse contributed during the marriage.

For a full treatment of each issue, see our dedicated guides:

• Dividing a Business in a Florida Divorce — valuation, enterprise vs. personal goodwill, buyouts
• Dividing Retirement Accounts & Pensions — QDROs, vested and nonvested benefits, military retired pay
• International & Cross-Border Divorce in Florida — foreign assets, jurisdiction, foreign prenups

Frequently Asked Questions

Try the Florida Alimony Calculator

Use our free Florida Alimony Calculator to estimate eligible alimony type, maximum duration, and maximum monthly amount under the rules in effect after the 2023 reform.

Deep Dive: HNW Divorce Topics

For specific areas of high-net-worth Florida divorce practice, see these guides:

• Florida Equitable Distribution Explained — How Assets Are Actually Divided
• Divorce for Business Owners in Florida
• International Divorce in Florida — Foreign Assets, Residency, Enforcement
• Executive Compensation in Florida Divorce — Stock Options, RSUs, Deferred Comp
• Trusts and Florida Divorce — How Beneficial Interests Are Treated
• Forensic Accountants in Florida Divorce — When You Need One
• Hidden Assets in a Florida Divorce
• Dissipation of Marital Assets — Fla. Stat. § 61.075(1)(i) and the 2-Year Lookback

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The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation. Statutory citations and procedural references are current as of the date noted above.